SAHAYAK AVAS AYUKIT Vs. RAVINDRA KUMAR PACHAURI

JUDGEMENT

(1.) THIS is the second time that this matter has reached this Commission. On earlier occasion aggrieved by an Order dated 03.11.2008 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (Lucknow) (for short The State Commission), the petitioner herein approached this Commission vide Revision Petition No. 311 of 2009. Vide an Order dated 19.2.2009, this Commission dismissed the said Revision Petition and confirmed the order so passed by the State Commission. It appears that the petitioner then approached the Hon?ble Supreme Court by way of SLP and vide an order dated 05.1.2010, the Hon?ble Supreme Court was pleased to condone the delay in filing the appeal before the State Commission and remitted the appeal to the board of the State Commission for deciding the same afresh. Vide impugned Order dated 28.9.2010, the State Commission has disposed of the appeal of the petitioner on merits and has dismissed the appeal as being without any merits.

(2.) THE appeal before the State Commission was filed against the Order dated 02.7.2007 passed by the District Consumer Forum-I Agra in complaint No. 281 of 2004. By the said Order, the District Forum had allowed the complaint of the complainant ex-parte with a direction to the opposite party (Sahayak Avas Ayukt, Agra Zone, U.P. Avas Evam Vikas Parishad, Agra to issue allotment letter on the basis of auction within 45 days of the passing of the order intimating him the balance amount payable by the complainant with the stipulation that if the order was not complied with within the stipulated period, interest @ 6% per annum shall be payable on the amount from the date of the order.

(3.) HAVING regard to the entirety of the facts and circumstances has noted above, we are of the opinion that the above findings of the State Commission is fully justified on record and cannot be faultered on any ground.